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  1. #21

    Ddraig Goch


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    If it was me I'd be wassed off too and might have a dig trying to get a few quid out of the agency. Never know they might not want the hassle and offer you a week or two payment?
    But as others have said, chances are you'll get bugger all.

    I had a gig canned on friday before monday start. Contract said one day notice in first week. So agency made sure - even though they spoke to me on friday, letter was on my cancelling in writing on the saturday special delivery just in case I guess.
    Rhyddid i lofnod psychocandy!!!!

  2. #22

    Faqqed Off

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    Quote Originally Posted by psychocandy View Post
    So, contract role comes in to Agency B and Contractor X is perfect fit. But Agency B thinks hang on they upset my mates at A the other day I won't bother.
    No, they are more likely to think "if this falls through because the client changes their mind, then I'm likely to be sued. So I can either bin this guy and find someone else who probably won't sue me, or I can get legal to spend a lot of time rewording the contract so that I won't get sued."

    Quote Originally Posted by psychocandy View Post
    Never going to happen. B won't give a monkeys about what happened in A unless somehow its likely to affect future dealings with contractor Z.
    Assuming that you mean X instead of Z, then having a reputation for suing because the contract doesn't start probably WOULD be something that is likely to affect future dealings with the agency.
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  3. #23

    My post count is Majestic

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    Quote Originally Posted by VectraMan View Post
    WHS. If the contract gives you a notice period, then that's attractive from your point of view and may be the reason why you chose that contract. They shouldn't be allowed to just ignore it. If they don't want to give you a notice period then don't put it in the contract.
    If suing agent/clients for notice period becomes prevalent all that will change is notice periods will change/disappear or they will start focusing a lot more on the no work no pay clause. It still surprises me that clients/agents don't use this without getting in to a bun fight over notice. 'I am sorry we have no work for you. We will give you a bell in the next four weeks if the works picks up after which your contract terminates' is effectively the same thing and can't be argued. How happy would we be if that became the norm?
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  4. #24

    Double Godlike!

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    This is getting tedious...

    We should perhaps ignore the very real point that notice periods are only relevant to permies anyway and are effectively meaningless to a freelance.

    The contract was not executed, therefore its terms don't apply anyway. However, nobody is going to pay you for not working and you have no proof of work done so no claim can arise on that score. Also the notice clause says they will give you notice that the contract will end in x weeks: it doesn't say that monies will be paid during or in lieu of that period, especially since there is no money owed anyway.

    Or take a different view. It is good for IR35 that you are exposed to business losses and this little episode has demonstrated a degree of risk that an employee doesn't have. However, since you've done nothing that would generate any income, it's a bit tricky trying to demonstrate a loss.

    And if you think anyone will pay you for cost of sales...

    You want to be a contractor, learn to live with these little vicissitudes and get on with the next gig.
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  5. #25

    Double Godlike!

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    This isn't simply a case of following up an unpaid invoice. The main problem is that there is no start date so it is questionable as to whether notice needs to be given. Then there are potential clauses in the contract which may mean the agency doesn't have to pay.

    Legally expensive with an uncertain outcome.

    No harm in pressuring for a bit of compensation but I wouldn't take it much further than a bit of posturing.
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  6. #26

    More time posting than coding


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    No work, no fee - why do you expect to be compensated by an entity that's also out of pocket as a result of there being no budget? Should the agency then sue the end client, who has no budget, to recuperate their losses?

  7. #27

    Dirty kapitalist spekulant

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    I do enjoy these threads where the OP posts once then disappears...
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  8. #28

    Lord of the Vectras

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    Quote Originally Posted by northernladuk View Post
    If suing agent/clients for notice period becomes prevalent all that will change is notice periods will change/disappear
    You mean they put in the contract what they actually mean? I don't see a problem with that. Plenty of contractors will work without notice periods, and apparently even experienced contractors are determined that they should be meaningless anyway, so why are the agents putting notice periods in their contracts? It can only be to mislead naive young contractors who want some small degree of security.

    As for the contract hadn't started, does that mean for example if you cancel a holiday at the last minute you don't have to pay because the holiday wasn't started? The answer to that is, as we often read on here, "what does the contract say?".
    Will work inside IR35. Or for food.

  9. #29

    Lord of the Vectras

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    Quote Originally Posted by GazCol View Post
    No work, no fee - why do you expect to be compensated by an entity that's also out of pocket as a result of there being no budget? Should the agency then sue the end client, who has no budget, to recuperate their losses?
    Yes. That's exactly what should happen.
    Will work inside IR35. Or for food.

  10. #30
    kal
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    If you get a few quid in lieu of notice its a bonus if not, c'est la vie, in the latter case there is certainly no mileage in going legal!

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